As used in this chapter, the following terms
shall have the meanings indicated:
AUTOMATIC AMUSEMENT DEVICE
Any instrument or machine which, upon the insertion of a
coin, slug, token, plate or disc, or by the payment of any price,
is operated by the public generally for use as a game, entertainment
or amusement, whether or not registering a score, including but not
limited to such devices as marble machines, pinball machines, skill
ball, mechanical grab machines, bowling, hockey, guns, rifle ranges
and all games, operations or transactions similar thereto under whatever
name they may be known. This definition shall include video or computer
games or machines or similar devices that use a video or other type
display screen for the display of points, lines, coordinates or dots
of light that can be manipulated to simulate games or other types
of entertainment; however, this definition shall not include nor shall
this chapter apply to music-playing devices such as jukeboxes.
[Amended 3-7-1994 by Ord. No. 1994-3]
OPERATOR
Any person in whose place of business or upon whose premises
any automatic amusement device is placed or kept for operation or
use by the public.
PERSON
Any natural person, firm, corporation, partnership or other
association or entity.
[Amended 12-27-1983; 3-7-1994 by Ord. No. 1994-3]
All licenses issued under this chapter shall be for a term of one year, commencing on January 1 (or the date of issue for the first year) and expiring on December 31 of the year of issuance. Such licenses may be transferred upon the transferee's tendering a completed application to the Borough Clerk, together with a $150 transfer fee. The provisions of §
96-4 regarding investigation and issuance of license shall also govern license transfers.
[Amended 3-7-1994 by Ord. No. 1994-3]
It shall be unlawful to maintain in or on any
premises for use by the public or to which the public is invited in
excess of two automatic amusement devices. However, this prohibition
shall not include vending machines which are not gaming or amusement
devices nor any coin-operated, mechanical music devices such as jukeboxes.
[Amended 3-7-1994 by Ord. No. 1994-3]
A. No operator shall offer or permit to be offered any
prizes or awards, whether cash or otherwise, as an inducement to the
use of the devices.
B. No operator shall permit any activity on the licensed
premises which is unlawful (violation of New Jersey statutes or local
ordinances or codes), immoral, creates a disturbance, congestion,
a breach of the peace or nuisance.
C. No licensed device shall be operated or permitted
to be operated as a game of chance or a gambling device.
D. Any violation of the aforesaid regulations, §
96-5 of this chapter, ordinances of the Borough or laws of the State of New Jersey shall be grounds for revocation of the license, upon notice and hearing before the Mayor and Council. The licensee shall be given 10 days' notice of the hearing, and such notice shall state the grounds therefor. At the hearing the licensee may submit relevant information in his behalf.
E. It is the purpose and policy of the Borough of Prospect
Park to exclude, ban and to deny authorization for any coin-operated/money
or thing of value gambling device such as Joker Poker, dice, keno,
horse racing, roulette, playing cards, lotto or lottery-type amusement
devices or any other such type of machine readily capable of being
converted by the internal technology of the coin-operated machine
to a gambling device.
F. No licensed premises shall be without adequate sanitary
facilities nor contain any fire, safety or health hazard.
G. No licensee shall neglect or fail to report promptly,
to the Police Department, any violation of any law or ordinance occurring
on the licensed premises, nor shall any licensee neglect or fail to
report promptly to the Borough Clerk any conduct or activity prohibited
by this chapter.
H. Each licensee and/or proprietor shall promptly report,
in writing, to the Borough Clerk any change or addition or deletion
of the information furnished on the license application and all material
attached thereto, and this obligation shall be fully met during the
term of any license or the renewal thereof.
[Amended 3-7-1994 by Ord. No. 1994-3; 11-18-1995 by Ord. No. 1995-6]
Any operator violating the terms of this chapter shall, upon conviction, be liable to the provisions stated in Chapter
1, Article
II, General Penalty.
[Added 3-7-1994 by Ord. No. 1994-3]
A. Every license
issued hereunder is subject to revocation if any of the following
things occur:
(1) The violation of any of the provisions of this chapter.
(2) Any misstatement or omission in the license application
or in any information submitted therewith or the failure to notify,
in writing, the Borough Clerk of any changes by addition or deletion
or amendment to said application or information during the term of
said license or renewal.
B. The determination on revocation shall be made by the
Mayor and Council of the Borough of Prospect Park.
C. Prior to revoking any such license, the licensee shall
be given such a hearing, in the event that such a hearing is requested,
after notice of the right to such a hearing is given by the Borough
Clerk. The licensee shall be given 10 days' notice of said hearing,
or more, and such notice shall state the ground or grounds therefor.
At such hearing, the licensee may submit relevant information on his
behalf. The rules of evidence shall not apply to such hearing, but
each party shall have the opportunity to present his/her side of the
case and to be represented by counsel. Any appeal from the decision
of the Mayor and Council shall be to the Superior Court of New Jersey.
[Added 3-7-1994 by Ord. No. 1994-3]
A. If a police officer of the Police Department shall
have probable cause to believe that any such machine or device is
unlicensed, or is improperly licensed, or is used for gambling, such
machine or device may be seized and removed from the premises by the
Police Department, or its authorized personnel, and impounded and
may be considered as contraband by law. Said machine or device shall
not be released until proper ownership and/or licensing fees are paid
and properly presented, together with a removal/storage charge of
$250 per machine or device seized. If possible, those removing the
machine or device shall provide the person in charge with a report
to be filed with the Police Department, noting any obvious damage
to the property. Thereafter, any person aggrieved thereby may demand
a hearing, in writing, directed to the Borough Clerk.
B. If no person claims the machine or device within 120
days from the date of seizure, said machine or device may be destroyed
or otherwise disposed of in accordance with state statute or local
ordinance.
C. After such seizure, any person aggrieved may demand a hearing as provided hereinabove and shall be given a hearing within 10 days from the date of such demand. In the event that the Mayor and Council of the Borough of Prospect Park finds that the seizure was justified under the provisions of this chapter, the procedure set forth in this §
96-12 shall be followed and continue to be followed. In the event that said Mayor and Council finds that the seizure was unjustified, the machines and/or devices shall be returned to the persons from whom they were seized forthwith, but such person shall have no further remedy against the Borough of Prospect Park.
[Added 3-7-1994 by Ord. No. 1994-3]
Every person seeking licensure hereunder shall
comply with all state statutes, municipal ordinances and regulations,
Building and Fire Code regulations and zoning code requirements, as
well as all other statutes and regulations prior to receiving a license
or licenses hereunder.